The South Bend Tribune from South Bend, Indiana • B3

Reg Friday, May 27, 2005 mars South Bend Tribune B3 State law changes create delay in sentencing for road rage case Greyhound putting brakes on bus service to 22 cities sumptive sentence is now an advisory sentence. Frese said the revised law leaves judges free to impose any sentence on a charge, as long as it is in the range prescribed by law. The law no longer requires a judge to find that aggravating factors outweigh mitigating ones before giving a sentence longer than the former presumptive term. Frese, apologizing to the parties and their families for another delay in the case, said, "My intent is to do this right. That's my first priority." He rescheduled the sentencing for 9 a.m.

June 16. Chief Deputy Prosecutor Frank Schaffer was ready to go forward Wednesday. The men are accused of beating Donny Simbeck, 48, of Osceola, causing multiple injuries, including multiple facial and jaw fractures and a broken nose. Simbeck's wife, Janet, suffered an injured lip and bruised hand. The misdemeanor charge stems from her injuries.

The altercation occurred on Curtis Street in Osceola in December 2003 after the married couple followed a car in which they believed the driver was drunk and called police. A confrontation occurred among the people in the two cars when the first car stopped. "I am painfully aware that everyone in the courtroom involved with his case wants it resolved," Frese said. In February, he rejected a plea agreement on the sentencing date, but a new agreement was reached May 9. Staff writer Marti Goodlad Heline: mhelinesbtinfo.com (574) 235-6327 Judges no longer have standard sentence, but rather freedom within range.

By MARTI G00DLAD HELINE Tribune Staff Writer SOUTH BEND Changes that recently took effect in Indiana's sentencing laws led to a delay Thursday in the sentencing hearing of two men in a battery case sterrrrning from a road rage incident. Defense attorney Michael Tuszynski asked St. Joseph Superior Court Judge Jerome Frese to postpone the sentencing of half brothers Larry Bid-die III, 21 and James G. Clark, 26, to give him time to research what changes in the law mean. Biddle and Clark each pleaded guilty to charges stemming from an altercation the men Indiana route reductions part of national cutbacks.

BLOOMINGTON, Ind. (AP) Greyhound Lines plans to end bus service to 22 Indiana cities and towns next month as part of its cutbacks across the country. Among the communities being dropped by Greyhound effective June 20 are Bloomington, Columbus, Huntington, Martinsville, Muncie, New Albany, Princeton, Vincennes and Washington. Bloomington Mayor Mark Kruzan said he received a letter from the company this week about its plans. "It's disappointing for the practical reason that it's cutting off a long-standing connection to Bloomington for many people," Kruzan said Wednesday.

"I'm especially concerned for individuals who may not own a vehicle of their own." Greyhound spokeswoman Anna Folmnsbee said the decision would affect many places that had no outbound passengers as the Dallas-based company plans to eliminate service to 260 locations around the country. However, Bloomington terminal manager Les Gyger said he puts passengers on the bus every day. "On an average, we probably put eight to 10 a day," Gyger said. "It varies on the weekend more." Gyger said four buses currently stop in Bloomington each day two heading to Indianapolis and one each to Louisville, Ky, and to Memphis, Tenn. James English, program manager at the Indiana Department of Transportation, said Greyhound received a 50 percent subsidy to operate the route that passes through Bloomington on its way from Louisville, Ky, to Indianapolis.

"We hate to see the service ended, but from their end, they see it as not profitable even with the subsidy," he said. The bus line is popular with a variety of riders, including Indi- Service cuts The 22 Indiana cities and towns where Greyhound Lines plans to end service effective June 20 are: Batesville, Bedford, Bloomington, Columbus, Greenville, Huntington, Livonia, Loogootee, Martinsville, Mitchell, Montgomery, Muncie, New Albany, Orleans, Palmyra, Paoli, Princeton, Remington, Salem, Scottsburg, Vincennes and Washington. ana University students, elderly people, veterans and the Amish, Gyger said. Joann Searles, a retired Bloomington resident who rides Greyhound several times a month to visit friends and family, said many people will have to find alternate transportation. "There are a lot of seniors here, as well as students, and we rely on that Greyhound," Searles said.

For classified advertising, call 235-6000 Anthem INDIVIDUAL Medicare Select Plan for $85.07 Monthly rate for a Medicare Select Plan for an individual who is age 65 and still in their Medicare Open Enrollment and living in an Indiana ZIP code EXCLUDING ZIPs 460, 461, 462, 463, 464 or 469. School district calls off student sex survey after complaints had with a married couple in Osceola. They pleaded guilty to two counts of battery resulting in serious bodily injury and one misdemeanor battery charge. The maximum prison time would be 17 years. The changes in law passed last month by the state Legislature do away with the presumptive or "standard" sentence for each level of felony charges and make the so-called midpoint an "advisory" sentence.

The sentence range for a Class felony, such as battery, remains two to eight years, but the four-year pre tercourse to avoid becoming pregnant and mistakenly believed such activity could not spread sexually transmitted diseases. "We feel like we have to a better job with our health curriculum the misperception oral sex is not sex," Staab said. questions for students in grades 6-12 on topics such as intercourse, oral sex, abstinence, sex education and AIDS. Parents could have opted their children out of the survey. Officials said they planned the survey last year after parents expressed concern over reports that some middle school students were sexually active.

Some officials and parents were concerned with reports that young teens were using oral sex as a substitute for in Call Larry Morr Local (574) 243-5060 Ext. 19 TOLL FREE 1-888-293-5052 Ext.19 THE FINANCIAL RESOURCE GROUP Are you getting the service you deserve from your financial professional? Maybe it is time you do. a Paul Farthing, Financial Advisor (574) 254-9649 ext. 201 Flatten your mr -r- ir-w -r id Ihreufjh Anlhem Blue Cross and Blue Shis It Questions too explicit, parents say. BLOOMINGTON, Ind.

(AP) Monroe County school administrators called off plans to survey students about their sexual behavior after parents raised concerns that the questions were too explicit. Jennifer Staab, the district's health programs coordinator, said officials would revise the survey over the summer based on feedback from parents and community groups. "Parents should know what we're doing and feel comfortable," she told the Indiana Daily Student for a Thursday story. Officials had planned to conduct the voluntary, confidential survey last week. It included 51 iii is ilia tiaiio n.iiiiu ul Aniliuin Iiimiijduh CuiiijiJiiies, Inc.

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